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HomeMy WebLinkAbout4958 123 Standish Way Decision Certified 08.02.22 Y lit , .`o4: .� TOWN OF YARMOUTH © BOARD OF APPEALS __ - 0 ., ,. - DECISION Gy grf 4'rr4� FILED WITH TOWN CLERK: July 8,2022 PETITION NO: 4958 HEARING DATE: June 23,2022 PETITIONER: Christopher Douglass,Maria Douglass and Mike Masciari PROPERTY: 123 Standish Way, West Yarmouth, MA Map 21, Parcel 52 Zoning District: R-25 Title: Book 31187,Page 70 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe,Dick Martin,Jay Fraprie, Richard Neitz and John Mantoni Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Cape Cod Times,the hearing opened and held on the date stated above. The Petitioner seeks a Special Permit pursuant to Zoning Bylaw §104.4 to convert two existing dwelling units in to a condominium form of ownership. The Property is located in the R-25 Zoning District and is improved with two year-round separate single family dwellings, each containing 3 bedrooms on three levels. The structures were built in approximately 2019 pursuant to Yarmouth Zoning Board of Appeals Decision 4796. Because the property lies in the VE and AE flood zones, the properties were built on pilings. There are no changes proposed to the structures or the use of the property. The Board was presented with the proposed Condominium Declaration of Trust together with the Sea Pearl Condominium Master Deed. The Board also received an acknowledgement by Mark Grylls, the Yarmouth Building Commissioner, that he had waived the necessity of conducting a Site Plan Review meeting,pursuant to Yarmouth Zoning Bylaw Section 104.1.1. No one appeared in opposition to the Petition. The Board reviewed the Petitioner's submission and the provision of property management and was satisfied that the documents met the intent and requirements of the bylaws. Further, the Board was satisfied that the grant of the requested relief would not cause any undue nuisance or hazard and would not be more detrimental to the present or future character of the neighborhood or Town. A TRUE COPY ATTEST: - .Wit/410‘464 OMMC CMC i TOWN CLERK AUG — 2 2022 Accordingly, a motion was made by Mr. Martin, seconded by Mr. Neitz,to grant the Special Permit, as requested. The members voted unanimously in favor of the motion. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw §103.2.5, MGL c40A §9) Se oe, hairman CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #4958 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. i—AA/tta).WWIIXA-44f Mary A. Maslowski AUG - 2 2022 A TRUE COPY ATTEST. •Witfre*ifi-44 MC/CMC w AUGN CLERK Z 2022 LI •Y it COMMONWEALTH OF MASSACHUSETTS /4TOWN OF YARMOUTH 0 - BOARD OF APPEALS Petition #: 4958 Date: July 29, 2022 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Christopher Douglass, Maria Douglass and Mike Masciari 123 Standish Way West Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at: 123 Standish Way,West Yarmouth,MA; Map #: 21; Parcel#: 52; Zoning District: R-25; Book/Page: 31187, 70 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor''ng or registering shall be paid by the owner or applicant. / Sea . _o,Chairma lab A TRUE COPY ATTEST LMMC/CMC i fC'VVN CLERK AUG - 2 2022